P.K. Chattopadhyay, J. - (1.) The petitioner company carries on business of clearing, shipping and forwarding of goods within the area of Calcutta Port Trust and Haldia Dock Complex. For the purpose of effectively running its aforesaid activities in coordination with the Haldia Dock Complex authorities, the petitioner company made a written request on 5th June, 1979 to the General Manager, Haldia Dock Complex for providing an accommodation in two "D" type flats. In response to the said request, manager (I & CF) Haldia Dock Complex informed the petitioner by a letter dated 24th August, 1979, that licence of one unit of "D" type flat in the Calcutta Port Trust's building at Haldia can be given to the petitioner on the following terms and conditions: I. You will be required to pay a licence fee of Rs. 1,320/ - per unit per month. You will also pay necessary service charges and other fees as may be levied in future. II. The licence will revoked on seven days notice on either side and you will have no claim for compensation whatsoever, for such revocation of licence. III. You will not share use of the above flat or any part thereof with anybody or any organisation. IV. No addition or alteration to the existing structure will be allowed. V. You will be required to utilise the above flat exclusively for the purpose for which it is allotted to you. VI. You will have to make your own arrangement for conservancy of the flat and keep same neat and clean and in proper sanitary condition. VII. You will not cause any damage to the Port Trust's properties. If, however, any damage is caused' you will be liable to make good the damages to the entire satisfaction of the undersigned. VIII. The monthly licence fee will be charged in your name from the date of your occupying the above flat till the licence is revoked as per terms mentioned in Clause (II) above and the bill for licence fee will be sent to you in due course. IX. In addition to monthly licence fee, you will be required to pay the electricity charges for the current consumed and other charges on this account as may be assessed by the Calcutta Port Trust's Manager (P&E) If you are in urgent need of occupying the above flat, you may do the internal electrification work as per our specification and estimate and at your own cost. It may please be noted that such cost will not be adjusted against the licence fee. X You will be required to deposit in advance a sum of Rs. 3,960/ - being the equivalent of three months' licence (sic) as security against the payment of licence fee. XI. In case of default in payment of bills within the due d(sic) interest @ 15% per annum would be charged on the outstanding rent dues, provided that no interest shall be charged if the rer(sic) is paid within one month from the due date of payment or the amount of rent due does not exceed Rs. 3.000/ -. The petitioner company accepted the aforesaid terms and conditions as mentioned by the Calcutta Port Trust authorities by the written statement dated 16th October, 1979.
(2.) By a notice dated 29 -11 -82, Manager (1& CF) Haldia Dock Complex cancelled, revoked and withdrew the leave and licence granted to the petitioner company in respect of the flat in question with effect from 31st March, 1983. In spite of serving the aforesaid notice neither the petitioner company handed over the vacant possession of the flat in question nor the respondent Calcutta Port Trust authorities took any further steps in terms of the said notice and on the contrary the Port Trust authorities accepted payments towards the licence fees from the petitioner company. Thereafter, by another notice dated 9th January, 1986, the Manager (I & CF) Haldia Dock Complex informed the petitioner company that leave and licence granted to the petitioner company in respect of the flat in question shall stand cancelled, revoked and withdrawn with effect from 1st February. 1986, as the said flat is required by the Calcutta Port Trust authorities for providing residential accommodation to its employees.
(3.) The petitioner company through its Advocate sent a reply to the aforesaid notice of the Port Trust authorities and requested the Calcutta Port Trust authorities for not taking any further steps as threatened in the notice dated 09 -06 -86. Since the Writ Petitioner refused to hand over vacant and peaceful possession of the flat in question even after receiving the notice dated 9th January, 1986, a show cause notice was issued to the petitioner company by the Estate Officer under Sec. 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner company instead of showing any cause in response to the said show cause notice forwarded a copy of the letter of its Advocate dated 30th January, 1986,. which was submitted earlier by the said Advocate of the petitioner company in reply to the notice of revocation and cancellation of licence dated 9th January, 1986 issued by the Calcutta Port Trust authorities.;